Legal Question in Disability Law in Indiana

Disability of lose of fingers

Off the job accident 3 years ago

returned to work for one year and was put on sick pay and then LTD

insurance company will stop paying as of march

have appilied for jobs within the company and was denined even after having 20 years with them

talked to EEOC...they said to file

Do I have a claim against employer for Discrimination?


Asked on 2/09/06, 11:14 am

1 Answer from Attorneys

Voyle A. Glover Attorney at Law

Re: Disability of lose of fingers

You need to get your charges filed w/EEOC immediately since there is a time element here and if you blow the statute of limitations, you're out insofar as seeking a remedy against your employer under the ADA. You may or may not have a claim of discrimination under the ADA. It is hard to tell, so don't play lawyer but instead, seek legal assistance. Your attorney is going to have to get all the facts from you. These are very fact sensitive cases. Based on what you've said here, there is no way an attorney can give you a definitive answers. There are many variables. The mere fact you have an injury does not mean you meet the criterion for being qualified with a disability under the Act. No way to tell from your query whether or not there were any efforts at a reasonable accomodation made or whether such was possible. Too many unknowns to answer your question. But if you do have a claim, you need to file it ASAP.

Make sure you speak w/an attorney who has experience in this area.

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Answered on 2/09/06, 12:27 pm


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